Thread by @barandbench

Nani Palkhivala Lecture Committee is hosting a lecture by former #SupremeCourt judge Justice BN Srikrishna on ‘Indian Constitution Values and Cultural Values, are they dichotomous?’.

The Presidential Address is by Justice Aravind Kumar, Chief Justice #Gujarat High Court.

The lecture will begin at 5.30 pm.

Follow the thread for updates.

Event begins.

The dignitaries are welcomed. A prayer song is being sung to start the event.

Sr Adv SN Shelat is giving the welcome address.

Retired Justice BN Srikrishna begins his address

Justice Srikrishna: This lecture was cancelled earlier because I was unwell for a week. I am getting better. But I am able to speak with all my determination.

I will also begin with a prayer (recites Sanskrit shlokas).

Justice Srikrishna: My acquaintance with Mr. Palkhivala came to be because he was good friends with my father who was senior advocate.
He gave a brilliant lecture on Adishankaracharya philosophy, without any note in his hand. It was a brilliant lecture. That was my first meet.

Justice Srikrishna: After I submitted my report on the Mumbai riots, he came and hugged me while crying that “you did a great job!” I was very surprised. but that was Palkhivala!

Justice Srikrishna: There is a need to analyse the core constitutional values. The first core constitutional value is in the preamble of the constitution.

Justice Srikrishna reads out the preamble.

Justice Srikrishna: The preamble when was adopted did not have the word secular. It had liberty, equality. The amendment to bring the word secular in 1976 did not give any reason or why this word was so significant. The word secular was found only in Article 25.

Justice Srikrishna: The speech in the constituent assemblies also did not have any discussion on bringing the word ‘secular’ even though the members believed in it.

Justice Srikrishna: Dr Ambedkar said that the religious conceptions are so vast that they cover from birth to death..

Justice Srikrishna:In the long judgment of SR Bommai there is a long discussion on the constitutional principles including secularism. There are many more judgments after this. I will not read all, else we will take two days. Nor does time permit me, nor my throat!

Justice Srikrishna: The preamble itself spoke of liberty of thought, liberty to worship, it promised equality of status and promised fraternity. It was liberty of belief which abhorred discrimination amongst people. Principles of secularism and democracy was made explicit later.

Justice Srikrishna: The Supreme Court judgment made it clear that secularism for India was not to be taken in the same sense as in Europe.

A secular state is not hostile to religion, but holds itself neutral to the religion.

Justice Srikrishna: All religions will enjoy freedom, and all citizens will enjoy equal rights.
What was emphasized in Bommai’s case was that secularism connoted that the State shall not espouse or establish religious practice.

Justice Srikrishna: Public revenue shall not be used for religion. The State shall endeavour to support secular activities, and provide for social welfare… Every individual will have equal right to freedom.

Justice Srikrishna: In short, all affairs of state in its widest connotation, religion is irrelevant. it is personal affair. The constitution is clear on this and in line with the US Constitution.

Justice Srikrishna: What more could have been wanted if we had Article 14 for secularism..? We went ahead and added Articles 25-28.

Justice Srikrishna: In a secular state, faith or any religion is personal choice of citizen. Let me tell you my personal experience.

Justice Srikrishna: When I was asked to head that commission for riots in Mumbai.
All my seniors declined, but when it came to me, like an ignorant person, I took it. It was a direct conflict between Hindus and Muslim.
and I was a practising Hindu who sat with a teeka.

Justice Srikrishna: I wondered whether everyone would believe me.
The then Chief Justice asked me, as a judge sitting in the Court, did I sit as a Hindu or a Muslim? And it was none. And that was my answer. I have practiced that till date.

Justice Srikrishna: Instead of a right based society, our ancient philosophers thought it better to have a duty based society, where individuals have a sense of duty. Bharata is considered a land of great, because it has a sense of duty.

Justice Srikrishna: Gandhi said - India is karmabhoomi (land of duty) instead of land of enjoyment.

Justice Srikrishna: I was watching the Netflix series - The Crown - I was hearing the coronation pledge and I realised it was very similar to what our kings pledged. About their duty.

@netflix

Justice Srikrishna: Traditionally each religion has been seen as in its text. Hence Christianity seems to be about the re-incarnation of Jesus Christ. Islam seems to be about the teachings of their Prophet and Hinduism is collective teaching of different texts.

Justice Srikrishna: Religion was to give people a belief structure.

Justice Srikrishna: When I was young at the university, I remember reading a sanskrit shloka which said education leads to liberation. Sitting back at 80 yrs, when I think of it, it is true. Education is what leads to liberation, there is no violence.

Justice Aravind Kumar begins his speech.

J Aravind: erudite speech by J Srkirishna, everyone must dwell upon.

[Speaks about Nani Palkhivala and his father]
J Aravind: Have heard justices say such arguments won't be heard in near future again

J Aravind: What he meant by cultural values includes respect to others

J Aravind: India multicultural society, thinking pattern moulded by greats.

J Aravind: Indian culture never saw individual or society as antagonist

J Aravind: In Hindu way of life, much emphasis placed on understanding rights from a moral perspective, in absence of human rights institutions

J Aravind: Ahimsa/Human rights a Indian value culture, it means much more than non violence, not hurting any life physically or physiologically as per Nani Palkhivala

J Aravind: India's cultural values large, heritage runs into several centuries.
Indian culture combo of several cultures, influenced by millennia old history. Reflected in diverse literature and artforms and knowledge.

J Aravind: United by being Indian. Dharma base of Indian culture, dharma not religion but righteousness.

J Aravind: preamble has core values, all such that are universal and democratic of modern era.

J Aravind: Indian society strongly believes in individual freedoms. Liberty of though and action fundamentally embedded in constitution and culture.

J Aravind: India inherently tolerant, therefore united in diversity even with reasonable restrictions so that others virtues not undermined.

J Aravind: Earlier many janas combined to form a confedracy. [Gives such examples from Indian history]

J Aravind: equality a relative term. Dependent on circumstances, persons etc. Indian culture never encourages inequality.
Vedas spoke of equality and brotherhood.

J Aravind: J Srikrishna lecture left me enriched. Eminent jurist and judge.

J Aravind: I thank once again everyone. Jai Hind.

Maj Gen Nilendra Kumar gives the vote of thanks. [Thanks speakers and panelists]